French national returned to France…..

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    Hello folks – need some clarification on my case as have not seen one like this before.

    I have a French national who has been here since Sep 2005. Not sure what she was doing prior to June 2009 as this is when she first claimed HB/CTB. We paid that claim as she was awarded JSA ib.

    Since then she has been in and out of work and for the periods in between she has been in receipt of JSA ib again.

    However, her recent claim for JSA ib ended on 12/04/11 as she was no longer signing on. It has since transpired that she had returned to France to get married to her Algerian partner who is resident in France.

    She came back to the UK on 23/06/11 and says she will be making a claim for JSA ib again. She was not working or seeking work whilst in France. Her now husband will join her once he has been granted a VISA but she says this will take 3 months.

    My initial thoughts are just to refuse her from Monday after JSA ib ended as she no longer has right to reside as she is not a work seeker or worker. I am not looking at the five year residence rule as she has not been able to prove she has been a worker or work seker since 2005.

    Any thoughts on her current claim would be great please – ps the current claim remains suspended as JSA ended in April.

    Many thanks


    This is more or less the same as the case discussed here:

    A8 and temporary absence

    Not that there was any consensus about that one! You will have to form your own subjective view as to whether you feel she has broken her link with the job market and therefore lost her worker status during the period she was abroad. Thouands of people every year get married and have a honeymoon, but most of them come back within a couple of weeks. This is a bit longer.


    Thanks for that Pete – always a great help

    Have a good weekend :beer:


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